Page:United States Statutes at Large Volume 119.djvu/1587

 PUBLIC LAW 109–59—AUG. 10, 2005

119 STAT. 1569

‘‘(i) the urbanized area includes parts of more than one State; ‘‘(ii) the portion of the urbanized area includes only one State; ‘‘(iii) the population of the portion of the urbanized area is less than 30,000; and ‘‘(iv) the grants will not be used to provide public transportation outside of the portion of the urbanized area; and ‘‘(F) operating costs of equipment and facilities for use in public transportation for local governmental authorities in areas which adopted transit operating and financing plans that became a part of the Houston, Texas, urbanized area as a result of the 2000 decennial census of population, but lie outside the service area of the principal public transportation agency that serves the Houston urbanized area.’’; (2) by striking paragraph (2) and inserting the following: ‘‘(2) SPECIAL RULE FOR FISCAL YEARS 2005 THROUGH 2007.— ‘‘(A) INCREASED FLEXIBILITY.—The Secretary may award grants under this section, from funds made available to carry out this section for each of the fiscal years 2005 through 2007, to finance the operating cost of equipment and facilities for use in mass transportation in an urbanized area with a population of at least 200,000, as determined by the 2000 decennial census of population, if— ‘‘(i) the urbanized area had a population of less than 200,000, as determined by the 1990 decennial census of population; ‘‘(ii) a portion of the urbanized area was a separate urbanized area with a population of less than 200,000, as determined by the 1990 decennial census of population; ‘‘(iii) the area was not designated as an urbanized area, as determined by the 1990 decennial census of population; or ‘‘(iv) a portion of the area was not designated as an urbanized area, as determined by the 1990 decennial census, and received assistance under section 5311 in fiscal year 2002. ‘‘(B) MAXIMUM AMOUNTS IN FISCAL YEAR 2005.—In fiscal year 2005— ‘‘(i) amounts made available to any urbanized area under clause (i) or (ii) of subparagraph (A) shall be not more than the amount apportioned in fiscal year 2002 to the urbanized area with a population of less than 200,000, as determined in the 1990 decennial census of population; ‘‘(ii) amounts made available to any urbanized area under subparagraph (A)(iii) shall be not more than the amount apportioned to the urbanized area under this section for fiscal year 2003; and ‘‘(iii) each portion of any area not designated as an urbanized area, as determined by the 1990 decennial census, and eligible to receive funds under subparagraph (A)(iv), shall receive an amount of funds to carry out this section that is not less than the

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